4.  The applicant was born in 1960 and lives in the village of Karakert, Armenia.
5.  The applicant has been a member of an opposition political party, the National Democratic Union (NDU), since 1995. Since 1997 he has headed the party’s local offices in the Baghramyan area. He is also a farmer and rears cattle on his farm.
6.  In February and March 2003 a presidential election took place in Armenia. Following the first and second rounds of the election, a series of protest rallies were organised in Yerevan by the opposition parties, alleging irregularities.
7.  On 21 March 2003 the applicant participated in a rally in Yerevan which was part of a nationwide public demonstration. Following the demonstration the applicant returned to his home in the village of Karakert.
8.  On 22 March 2003 at 8 a.m. two police officers from the Baghramyan Police Department (ՀՀ ոստիկանության Բաղրամյանի բաժին) visited the applicant at his home.
9.  The applicant alleged that the police officers had told him that he was required to accompany them to the police station as somebody wished to see him, without providing further reasons.
10.  The Government alleged that the police officers had visited the applicant at his home because they suspected him of participating in an unauthorised demonstration the previous day.
11.  It appears from the materials of the case that the applicant was asked by the police officers to accompany them to the police station. He showed resistance but was nevertheless taken to the police station.
12.  At the police station the arresting police officers drew up a record of the applicant’s arrest (արձանագրությաւն բերման ենթարկելու մասին) in which it was stated that “[the applicant] participated on 21 March [2003] in the demonstrations which took place in Yerevan and, when asked to come to the police station, he disobeyed the lawful orders of the police officers and used foul language”. This record was signed by the applicant.
13.  The applicant alleged that the chief of police and his deputy had informed him that his attendance was required because of his participation in the demonstration the previous day. The applicant was told that he would face a penalty of ten to fifteen days of administrative detention. He pleaded with the officers to impose a fine instead of detention in view of certain personal circumstances, such as his wife being heavily pregnant and about to give birth, and the need to care for his farm and cattle. The applicant was informed that this was impossible since the instructions temporarily to arrest all activists came from the Minister of Interior himself.
14.  According to a written statement (արձանագրություն բացատրություն վերցնելու մասին) made by the applicant at the police station, police officers had visited him at home and asked him to come to the police station the morning after his participation in the demonstration of 21 March 2003. He had refused to go to the station, inquiring about the reasons, to which the police officers had replied that there were questions to be clarified. An argument erupted which lasted about five minutes, during which the applicant admitted that he had insulted the police officers and disobeyed their lawful orders. Then he had realised that what he was doing was wrong but it was already too late, so he had been taken to the police station.
15.  The police officers drew up a record of an administrative offence (վարչական իրավախախտման արձանագրություն) in which it was stated that the applicant “had maliciously disobeyed the lawful orders of the police officers and had used foul language for about five to seven minutes”. The applicant was charged under Article 182 of the Code of Administrative Offences (Վարչական իրավախախտումների վերաբերյալ ՀՀ օրենսգիրք – “the CAO”). This record was signed by the applicant.
16.  About two hours after his arrest the applicant was brought before Judge S. of the Armavir Regional Court (Արմավիրի մարզի առաջին ատյանի դատարան).
17.  Judge S., after a brief hearing, sentenced the applicant under Article 182 of the CAO to ten days of administrative detention. The judge’s entire finding amounted to the following sentence:
“On 22 March 2003 at 8 a.m. in the village of Karakert of the Armavir Region [the applicant] maliciously refused to obey the lawful order of the officers of the Baghramyan Police Department acting in pursuance of their duties of preserving public order; in particular, while being taken to the police station, he disobeyed the police officers, used foul language and prevented them from performing their duty.”
18.  According to the record of the court hearing, the hearing was held in public with the participation of the judge, a clerk and the applicant. The judge informed the applicant of his right to challenge the judge and the clerk and to have a lawyer. The applicant did not wish to lodge any challenges or to have a lawyer. The judge then proceeded with examination of evidence. The applicant submitted that the police officers of the Armavir Police Department had wanted to take him to the police station but that he had resisted their orders. Thereafter, the judge examined the materials prepared by the police. No further evidence was produced or requests made by the applicant. The judge departed to the deliberation room, after which he returned and announced the decision.
19.  According to the applicant, the trial was conducted in the following manner. He explained to the judge his domestic circumstances and pleaded for an administrative fine to be imposed instead of detention, to which the judge immediately replied that he would subject the applicant to administrative detention. The judge added that he was unable to decide otherwise as he was acting on instructions from higher authorities. The hearing was held in the judge’s office and lasted only a few minutes.
20.  The applicant was taken to the Armavir Temporary Detention Facility at the Armavir Regional Department of Internal Affairs to serve his sentence.
21.  The applicant alleged that, on the way to the detention facility, he had been asked by one of the accompanying police officers to sign the above record of an administrative offence, which he had refused to do.
22.  The Government contested this allegation and claimed that the applicant had actually signed this document while in police custody prior to the court hearing.
23.  The applicant alleged, and the Government did not dispute, that at the Armavir Temporary Detention Facility he had been placed in a cell with seven other people. The cell measured 8.75 sq. m and had a very small, dirty window which was covered by dirty metal bars preventing natural light from entering the cell. There were no beds in the cell so the detainees had to sleep on the floor. The cell was infested with pests and insects.
24.  On 23 March 2003 the applicant sent a letter to the Armavir Regional Prosecutor (Արմավիրի մարզի դատախազ) and the head of the local police department in the name of all the detainees in the cell, asking for their release or alternatively for them to be moved to a better cell.
25.  On 25 March 2003 the applicant and three other detainees were transferred to another cell, apparently as a result of the above letter. The applicant alleged, and the Government did not dispute, that the new cell also measured 8.75 sq. m and that the window was in a similar condition. There were only two beds in the cell so the detainees had to take turns to sleep. The beds had very dirty mattresses and no bed linen or blankets were provided. The cell was infested with pests and insects. The light in the cell was always switched on, day and night, and the detainees could not turn it off. The toilet was located outside the cells and was for common use by all the detainees on that floor of the detention facility. It was very dirty since there was no running water. The detainees were only allowed to use the toilet three times a day: in the morning, afternoon and evening.
26.  The applicant submitted that during his entire stay in the detention facility, no water or food was provided to the detainees. The officers of the detention facility required money for providing water. Anyone bringing food to detainees was required to pay before the food was given to the detainees.
27.  Members of the board of the NDU applied to the office of the prosecutor and the Court of Appeal for the applicant’s early release. The applicant alleged that the authorities had refused both applications and had given informal indications to the NDU members that they were not in a position to make a decision to release the applicant early as they were receiving instructions from a higher authority.
28.  The applicant further alleged that on the third day of his detention his wife had given birth prematurely with complications and had to undergo treatment. Furthermore, after his release from detention on 31 March 2003, he had returned home to discover that in his absence a large number of the cattle on his farm had either died or been lost.